How Good Criminal Lawyers turn into the “Best” Tempe Criminal Defense Attorneys
There are many good DUI & Criminal Defense Attorneys lawyer in Tempe. But this article will reveal some factors that make a good DUI and criminal lawyers, the best DUI & Criminal defense lawyers in Tempe AZ. Below is a list of some of many traits turn the good into the best. But to pick the one most important, my opinion is that it is the DUI or Criminal lawyer who can identify and utilize the best defense strategy for the DUI or criminal case they are defending Many criminal and DUI cases have been won, dismissed or acquitted due to details or procedural errors. Every DUI or Criminal case has its own unique defendant, evidence, and facts. Criminal defense attorneys must tailor and customize the defense strategy based on those factors. One size does not fit all, when it comes to a defense strategy for Tempe DUI and Criminal Cases.. The good thing about Former Prosecutors is that they know both sides Prosecution and Defense rules very well – what can and can’t be done for the defendant to get the best outcome in their case.

DUI Lawyers in Tempe – What to Look for to Find the Best Criminal Defense Attorney Good criminal defense attorneys must possess many important traits. Here will we look at just a few of those traits that make good DUI attorneys the best, as they relate to the matter of Arizona criminal laws and defenses:

• Experience, Experience, Experience;

• Trial Defense – hundreds, or thousands of hours in past litigation;

• Former Prosecutors -They get both of the above quickly and are in court almost daily.

• The ability to correctly interpret the law and defenses;

• Can identify those which will serve their clients defense the most effectively, under the proper circumstances;

• They never file frivolous motions which results in loss of credibility and respect of the judges and prosecutors in the courts they defend clients in frequently.

• At the same time, they never under estimate a power and effectiveness of filing early motions in defense, if they are justified. These sometimes involve procedural issues such as

1). Prosecution taking place in an incorrect jurisdiction; or

2). The time limit to prosecute and formally charge someone with a certain crime is outside the constitutional time limitations.

• They defend cases in Tempe Criminal and Tempe Dui courts frequently; they know the prosecutors, judges, procedures and protocol- it does make a difference.

• They have the ability to explain complex issues of AZ criminal law into simple terms for the client and the jury if needed;

• They are dedicated, and passionate about defending their clients and getting them the best possible outcome; • They make sure defendants are treated fairly and with respect under Arizona laws;

• They will make the time needed to tailor, build, and present compelling arguments in the client’s defense based on the evidence and facts of the case;

• They will conduct their own investigation, concurrently with the prosecution building theirs;

• They will exhaust all avenues available to get the best outcome in their clients including dismissals (partial or complete); negotiating for a better outcome, including leniency in penalties; or alternatives to harsh and unwarranted sentencing such as incarceration.

There are many other factors to consider outside of the realm of this article which highlights defense strategy. On this blog site we cover this issue continually. So if you would like more information on this topic, you can check the archives, and subscribe to new posts with always current content. Let us know if you “Like” this post and we welcome you to “Share”!

If you have been arrested; face active Arizona criminal or DUI charges, or have an existing warrant for your arrest in Maricopa County for Arizona DUI, DWI, drunk driving, drug or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. James Novak, experienced Arizona criminal Defense and DUI & Criminal defense Attorney, James Novak will speak with you directory concerning your charges, and provide you with defense options.

James Novak is an experienced trial lawyer and former prosecutor. The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa AZ, Scottsdale AZ, Tempe AZ, Phoenix AZ, Chandler AZ, Gilbert AZ, East Valley, and surrounding cities within the Phoenix metro and Maricopa County Area.

If you were arrested or charged with a crime or DUI in Tempe Arizona, you will most likely need to appear in a Tempe Criminal Court. When choosing a DUI or Criminal Lawyer, be sure to retain a Good Tempe DUI or Criminal Attorney who defends clients regularly in the court for which you have been instructed to appear. During your consultation with the Tempe DUI or criminal attorney, they will almost always ask you what court you are required to appear. They will ask you this for one or more of the following reasons:

1. To confirm that you need representation in a court for which they regularly defend DUI or criminal charges;

2. To confirm they are licensed and qualify to defend you in that court;

3. To get an idea of the nature, and seriousness of your charges;

4. To access if you were charged with a Tempe felony or misdemeanor;

5. To determine if the court you are required to appear is a “Limited Jurisdiction or “General Jurisdiction” court.

Tempe Criminal Courts

“General Jurisdiction” verses “Limited Jurisdiction” Courts in Tempe AZ: Their Differences and why it Matters

Tempe Municipal Court ∙ Tempe Justice Court ∙ Tempe Superior Court

The main difference between Municipal, Justice and Superior Courts involves the types of cases that can be heard in them. Arizona courts have been granted authority by Arizona Constitution to handle certain types of cases. For example, some of the lower courts are limited in what types of criminal cases they have authority to hear. This difference is described as “Limited Jurisdiction” verses “General Jurisdiction” as it relates to Arizona Criminal Courts:

A) Municipal or City Courts are Limited Jurisdiction Courts. This is considered a lower court. The City courts have limited jurisdiction and have authority to hear only limited types of criminal cases. The majority of the cases heard in Tempe City Court are Misdemeanor charges. Under certain circumstances, preliminary hearings for felonies can be heard in Tempe City Court.

B) Justice Courts are Limited Jurisdiction Courts. Similar to City Courts, the Justice Courts have limited jurisdiction over what types of cases can be tried or heard in them. The Justice courts in Arizona, usually hear Tempe Misdemeanor cases. However, some preliminary hearings for felonies can be heard in Tempe Justice Court.

C) Superior Courts are General Jurisdiction Courts. Arizona Superior Courts are considered state wide trial courts. They have authority to hear wide variety of criminal cases. The types of criminal cases tried in this court, however, are primarily Felony cases. Although the Arizona Superior Court is a single entity, it has multiple locations in each county within the state of Arizona. And each county, in Arizona, including Maricopa County, has at least one Superior Court Judge.

Types of Criminal & DUI Cases heard in Arizona Municipal/City Courts, and Arizona Justice Courts

1. Tempe Municipal & City Courts: Municipal courts & City Courts, in Arizona hear the following types of criminal cases: • Misdemeanors; • Misdemeanor DUI (Driving under the influence of alcohol); without an auto accident with injuries involved; • Misdemeanor hit-and-run; without injuries; • Misdemeanor reckless driving without injuries; • Petty offenses; committed within that city, (Tempe AZ). • Municipal or City courts also share jurisdiction with justice courts over certain types of violations relating to Arizona law, if the crime was committed in that city (Tempe AZ).

2. Justice Courts – AZ Justice Courts hear the following types of criminal cases: • Misdemeanors; • Some felony preliminary hearings; and • Misdemeanors criminal offenses punishable by a fine of less than $2,500 or less than six months in county jail.

3. Superior Courts – The Arizona Constitution provides the Arizona Superior Court jurisdiction over the following types of criminal cases:

• Superior Courts in Arizona have exclusive jurisdiction over Felony cases;

• Superior Courts share jurisdiction with Justice Courts over misdemeanors when the potential penalty does not exceed $2,500 or imprisonment for six months;

• If no other court has jurisdiction or authority to handle a particular case, Superior Courts may have jurisdiction over that case. You should always consult a criminal defense attorney or DUI lawyer who defends charges in the court jurisdiction you are required to appear. Your freedom and future may be great risk. Your chances of getting your DUI or criminal charges dismissed or any other good outcome in your case increase by retaining a good Tempe DUI or Tempe criminal defense attorney.

If you face active Arizona criminal or DUI charges, or an outstanding warrant for arrest in Arizona or have been arrested in Maricopa County for AZ DUI, DWI, Drunk Driving or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI & Criminal defense Attorney, James Novak (Former Prosecutor).

The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities within the Phoenix metro and Maricopa County Areas.

Arizona Felony DUI Laws: Below are three factors that will aggravate a Tempe Misdemeanor DUI and elevate it to a “Felony DUI” or “Aggravated DUI” charge in Tempe AZ: A.R.S. §28-1383(A) (1): (Paraphrased) The AZ DUI arrest occurred while your drivers license was suspended, restricted or revoked – Class 3 Felony A.R.S. §28-1383(A) (2): (Paraphrased) Your current Tempe DUI charge is the third DUI in 7 years and at least two prior DUI were convictions within the last 7 years. – Class 3 felony A.R.S. §28-1383(A) (3): (Paraphrased) Your current Tempe DUI charge was aggravated by the fact that a child under 15 years of age was a passenger in the vehicle while you were driving impaired, DUI, DWI, or Drunk Driving. – Class 6 Felony

DUI Penalties – Felony DUI Sentencing in Arizona A Tempe Felony DUI conviction exposes you to mandatory sentencing guidelines. Each case has its own unique circumstances. Various facts surrounding your DUI dmay affect the Felony DUI penalties ordered by the judge if you are convicted. The mandatory DUI penalties under Arizona Law you may be exposed to include, but are not limited to the following:

• Long Term Felony criminal record;

• Jail time that ranges from one day to one year;

• Prison time from 4 months to 2 ½ years of incarceration;

• Revoking of your drivers license for 3 years;

• Lengthy supervised probation;

• Use of Ignition Interlock Device at your expense;

• Fines of Up to $150,000 plus 80% surcharge;

• $1500 prison assessment;

• $250 abatement fee;

• Probation fees;

• Costs for Drug or Alcohol Treatment Screening;

• Costs for Drug or Alcohol Counseling or Treatment Program;

*The above penalties are subject to change based on circumstances surrounding your Felony DUI charges and frequent changes to Arizona Law.

Felony DUI Penalties for a Tempe DUI conviction may be “aggravated” or “mitigated”. Aggravated penalties are the result of those factors that surround your Tempe DUI that support the prosecution’s case against you. These are factors that will warrant more serious DUI punishments. Mitigating factors are circumstances or evidence that supports your DUI defense and warrant less serious penalties, particularly, those that are discretionary by the judge.

Tempe DUI Defense – Felony DUI Charges in Tempe AZ

Do not expect the judge or prosecution to offer you more mitigated sentencing out of compassion due to the fact that you do not have a private practice Tempe DUI defense attorney.

Without compelling arguments presented or motions filed by your Tempe DUI Defense Lawyer on your behalf, the judge or prosecution will not generally offer mitigated sentencing. Good DUI defense lawyers will examine the evidence and facts of your case to find mitigating factors that will lead to a reduction of your penalties if your are convicted of a felony DUI charge.

The felony DUI penalties are so severe, and intrusive on a person’s life, that they may feel that the situation is hopeless and do not think a Tempe DUI Attorney can help them. However, to the contrary, Felony DUI charges are often dismissed or reduced by good Tempe DUI defense attorneys. A qualified Tempe DUI lawyer or AZ criminal defense lawyer can defend any Tempe Felony DUI charge regardless of the severity or classification, or the amount of your Blood Alcohol Content or BAC levels (extreme or non-extreme). In many cases a Tempe DUI lawyer is able to get evidence dismissed; charges reduced to a Misdemeanor DUI, civil citation, or ultimately get the felony DUI charges dismissed completely.

Early retention of a good private practice Tempe DUI attorney will drastically increase your chances of a dismissal or other good outcome in your Felony DUI case. However, choosing to go without a qualified Tempe DUI defense attorney is a dangerous path towards a swift Felony DUI conviction in Arizona.

This blog has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics. Note that Arizona legislation, laws, criminal code and DUI laws and penalties frequently change. If you have a criminal or DUI defense matter related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI lawyer in the jurisdiction or municipality of Arizona where you received your charges of up to date information.

If you have an outstanding warrant for arrest in Arizona or have been arrested in Maricopa County for AZ DUI other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities in Phoenix metro area.

Q. Is a Tempe AZ DUI charge a Felony or Misdemeanor?

A. Tempe AZ DUI charges can be classified as either a Felony or Misdemeanor. A majority of Arizona DUI charges are classified as Misdemeanors. Examples of misdemeanor DUI include the following: • Impaired driving to the Slightest Degree • Impaired driving with Blood Alcohol Content -BAC Over 0.08% • Impaired driving with a BAC Over 0.15% • Impaired driving due to drugs – “Drugs” can include legal or illegal drugs; prescription or non-prescription drugs; dangerous or non-dangerous drugs; or drugs combined With alcohol • DUI, DWI, Drunk Driving while driving a Commercial Vehicle • Underage 21 drinking – With or without driving • First Time DUI & Second DUI non-extreme Blood Alcohol Content Level – BAC • First Time Extreme DUI & Second Extreme DUI

Q. What is the difference Between a Felony DUI and Misdemeanor DUI in Tempe AZ?

A. The main differences between a Felony DUI verses Misdemeanor DUI are primarily “aggravating” factors that surround an Arizona DUI charge, and the severity of the penalties. A “Felony DUI” is also known as an “Aggravated DUI”. “Aggravating factors” are those things that cause a DUI to be more serious or dangerous. By Law, Arizona imposes more serious sentencing and penalties on Felony DUI charges.

Q. What are some “aggravating factors” that turn a Tempe Misdemeanor DUI into a Felony DUI in Tempe AZ?

A. According to Arizona Law “Aggravating factors” can cause a Misdemeanor DUI to be elevated to a Felony DUI Charge in Arizona. Below are examples of five aggravating factors. The top three are the most common:

1) DUI with at least 2 prior DUI convictions on record within the last 7 years;

2) DUI while driving on a suspended or revoked driver’s license;

3) DUI with a child under age 15 as a passenger in the vehicle you were driving;

4) DUI with injury and drunk driver causes an auto accident which results in bodily injury or substantial bodily harm to another person;

5) DUI manslaughter – causing a fatal auto accident while under the influence of alcohol or drugs.

Q. What type of the penalties will I face for a Misdemeanor DUI in Tempe AZ?

A. Different minimum and maximum penalties, plus mandatory sentencing guidelines apply to various types of Tempe misdemeanor DUI charges. Generally, jail time for a Tempe Misdemeanor is no less than 1 day, and no more than one year. Other penalties apply as well depending on the facts and classification of the DUI. In general misdemeanor DUI convictions can expose you to a range of sentencing including but not limited to the following depending on the facts of the Tempe AZ DUI:

1) 1 day in jail to 120 or 360 days in jail;

2) $250.00 + 80% surcharge;

3) $500.00 to $1250.00 incarceration assessment;

4) $500.00 DPS to $1250.00 DPS;

5) $250.00 Abatement Fee;

6) Incarceration expenses and cost (jail or prison);

7) Court Ordered Alcohol or Drug Screening and Treatment Expenses;

8) Probation & Fees;

9) Driver’s license suspension up to 90 days; that range to revocation of driver’s license for 1 year;

10) Mandatory Vehicle Ignition Interlock Device at Defendant’s expense;

11) Mandated Ignition Interlock Device at Defendant’s expense for specified time under law based on misdemeanor DUI classification.

Q. How are Tempe Felony DUI Charges classified?

A. The Felony Classifications are categorized into 6 levels: Class 1 through Class 6. The Class 1 DUI felonies are the most serious charges and carry the highest severity of penalties. The severity of sentencing and penalties increases incrementally in accordance with the severity of DUI. But even the lesser of punishments can be adversely life altering for a Class 6 felony.

Q. What are some of the penalties that apply to a Tempe Felony DUI conviction:

A. Felony DUI charges in Tempe AZ or any other jurisdiction in Arizona are very serious and this is reflected in the Penalties that can be imposed. Among other penalties a felony DUI conviction will expose you to the following:

1) Lengthy prison sentences verse jail time for a misdemeanor DUI charge; An Arizona aggravated DUI or felony DUI conviction will leave you with a felony on your criminal record; Jail from 1 day to 1 year; prison form 4 months to 2 ½ years;

2) Revocation of drivers’ license privileges for 3 years and other harsh penalties at the discretion of the Judge; 4) Felony DUI Fines, Fees, court costs are significantly higher;

3) Length of time for which the ignition interlock device will need to remain on your vehicle will be longer and exceeding a year for a Felony DUI conviction.

4) Fines, fees, & costs will be significantly higher for a felony DUI. Arizona Felony DUI convictions for which you may expose: This is just an example of at least one Tempe Felony DUI. All classes are subject to there own minimum and maximum penalties. Below is an idea of additional penalties that may apply:

5) Exorbitant Fines may be imposed up to $150,000.00 plus 80% surcharge; $1500 prison assessment; $250 abatement fee; Extended probation, Supervised Probation w/ Monitoring for drug and alcohol sobriety. Psychological and chemical dependence Screening Costs; Participation in Alcohol or Drug Treatment Program

This blog has been posted for general public informational purposes only. All articles by this author are intended to raise awareness and generate discussion on a variety of Arizona State Law issues and topics. Note that Arizona legislation, laws, criminal code and DUI laws and penalties frequently change. If you have a criminal or DUI defense matter related to this topic, it is important that you consult or hire an Arizona criminal or AZ DUI lawyer in the jurisdiction or municipality of Arizona where you received your charges of up to date information.

If you have been charged or arrested or have an outstanding warrant for arrest in Maricopa County for AZ DUI, DWI, Drunk Driving or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted 100% to defending DUI, Drug & criminal charges in valley wide within Maricopa County including Mesa, Scottsdale, Tempe, Phoenix, Chandler, Gilbert Arizona, East Valley, AZ and surrounding cities in Phoenix metro area.

In same DUI cases, blood alcohol test results can be challenged, and lead to a total dismissal of your Tempe DUI charges. If you were arrested for a Tempe DUI, based on your BAC results that factor alone does not mean you will be “convicted”. In fact, some Tempe DUI attorneys may actually use the blood testing evidence to defend your DUI charges, and ultimately get your DUI charges dismissed, .

Arizona DUI | Defending Blood Alcohol Content (BAC) Test Results

If you were charged with a DUI in Tempe AZ based upon your BAC levels from blood testing results, you should contact a Tempe DUI lawyer as soon as possible to discuss your defense options. In many cases, your DUI defense attorney can challenge the prosecution’s blood evidence. This may lead to suppression of that evidence and dismissal of your DUI charges.

Here are at least 10 ways your Tempe DUI lawyer might challenge your DUI blood test results:

1. Violations and errors in conducting of the blood test;

2. Police failed to follow required rules of DUI blood alcohol testing, analysis, preservation, or transport;

3. The police officer who drew the blood was not properly trained and certified in phlebotomy and DUI blood testing;

4. The sample of the blood you were given was tested by an independent lab, and largely differed from the blood test results taken by the police.

5. Improper labeling resulted in the blood sample resulted in someone else’s blood evidence;

6. The blood vial was not properly sealed for transport for processing;

7. The blood kit used by the police had an expired date.

8. The blood testing kit used by police was stored in the police officer’s vehicle and long term exposure to extreme heat temperatures in Arizona.

9. The police sent their blood sample somewhere else instead of the crime lab processing. Most busy hospitals and other medical treatment facilities are usually not required to follow strict protocol for the processing of criminal related evidence.

10. The arresting police officer refused or failed to give you a blood sample for your Tempe DUI defense attorney. This is a violation of your constitutional rights.

Criminal Defense – Tempe DUI

When you contact a prospective Tempe DUI attorney to defend DUI charges, ask the them, if they intend to retest the blood. Most of the best Tempe DUI lawyers do this on every defense case involving blood testing results. Also, ask the DUI attorney who will be responsible for the blood retesting fees at an independent crime testing lab. The charge for this service is currently between $250.00 and $350.00. A majority of AZ DUI attorneys will factor in this fee to your total defense cost. Some DUI attorneys in AZ will even pay this fee on our behalf as a courtesy. But if your DUI lawyer requires you to pay the fee in addition to their fees for legal defense, and you still wish to hire that Tempe DUI lawyer, it is well worth the cost to pay to have the DUI blood sample retested. Many cases get dismissed because the tests were challenged successfully by a DUI defense attorney. The best Tempe criminal defense attorneys understand the importance of examining all the aspects of the blood test results. If weaknesses exist in the prosecution’s evidence, your DUI lawyer will educate the court and prosecution, present compelling arguments that just may lead to dismissal of your Tempe DUI charges.

If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information.

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within the Greater Phoenix,, Maricopa County cities including Chandler, Tempe , Phoenix, Chandler, Tempe, Gilbert, Mesa, Phoenix Metro, and central Phoenix and Phoenix East Valley Arizona.

After your Tempe arrest and detention you will have an initial appearance before the Tempe Court Judge. The Tempe Court judge will advise you of your pre-trial release conditions. They will let you know if and upon what conditions your release will be allowed. For example, whether or not you are bondable, what if any amount of bail needs to be posted, and whether or not you can be released from custody. The judge looks at many factors before making this decision including classification of the charge such as o, misdemeanor or felony, severity of the crime, if the charges involved a violent crime, your past criminal record if any, whether or not you are a potential “flight risk”, and many other factors. The goal of the court is to secure your appearance for future court dates or trial.

If your release conditions seem to be harsh, unreasonable, financially unobtainable, or burdensome, your will need to retain an Arizona criminal defense attorney. A good Tempe criminal attorney will immediately file a motion to request modification of your pre-trial release conditions. This can be done while you are in custody. Either you or someone on your behalf can consult a Tempe criminal defense lawyer to discuss your charges, defense options, and services of your Attorney’s request to modify your pre-trial release conditions from custody in Tempe AZ.

Modifications your attorney requests depends upon what release conditions were ordered by the judge. Some modifications your Tempe Criminal Attorney may request include but are not limited to lowering the bail bond to a reasonable amount; allowing you to be released on your own recognizance; allow an appearance bail, or allow you to be released to another responsible entity’s custody, home confinement with ankle bracelet security, and other more favorable conditions than initially ordered by the Tempe Court.

When you meet with your Attorney who will be defending your criminal charges and requesting modification of your release conditions, be sure you communicate in detail your concerns about the initial orders and how they will impact you, your family, your job, your financial situation. Your attorney will then formulate compelling arguments and file the appropriate motions with the Tempe court on your behalf.

If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information.

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Chandler, Scottsdale, Phoenix, Mesa, Gilbert and Tempe Arizona, Phoenix Metro, and Phoenix East Valley Arizona.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.

AZ DUI charges based on Blood Test Results

If you were arrested for an Arizona DUI based on blood test results you should contact an AZ DUI lawyer or criminal defense attorney as soon as possible. The best AZ DUI lawyers often find good reasons to challenge the DUI blood tests taken by the police. In many cases your AZ DUI Attorney will find violations and errors in the blood testing process, such as failure of police to follow prescribed rules of testing, analysis, preservation, and transport. Such violations often lead to suppression of the blood evidence, and total dismissal of your DUI charges.

Reasons for AZ Blood Testing for a DUI Stop

A person who is stopped for suspicion of drunk driving does not get a choice as to what test they will be given. The police officer will decide from three options: Blood, Breath, or Urine testing. Here are at least three reasons why the AZ police officer would decide a blood test was needed. 1) You refused to take a breath test, and the officer obtained a court order from the judge to draw a blood sample. 2) According to breath testing requirements and issues that can adversely affect breathalyzer test results, the police determined that a blood test would reap more accurate blood alcohol content (BAC) results. 3) The police suspected you were driving impaired due to drugs or alcohol and the breath test for drunk driving due to alcohol influence was negative. If they still suspect you are impaired by being under the influence of chemicals or substances, they will draw blood to test for a drug DUI or toxic substance DUI. .

AZ DUI Laws – DUI Blood Tests

It is common practice for the police officer to personally do the blood draw. Many police departments have sent their officers for training in phlebotomy. Be sure when the blood is drawn that the police give you a second sample for your defense Attorney. Their blood vial will be sent to their crime lab for testing using a gas chromatograph. Usually it takes 2-8 weeks for the crime lab results to come back. Your DUI Defense lawyer in the meantime may retest the blood at an independent lab and compare their results against the prosecutions.

The Arizona courts have upheld the legality of police officers acting as phlebotomists. However, they must be certified and trained to draw and handle the blood samples. Strict guidelines apply to the blood kits storage; blood kit expiration dates; avoidance of exposure to extreme temperatures of blood kits; chemicals used to clean your arm before the blood draw which can taint results; proper handling, transport and proper storage of the blood sample. All of these factors critical to obtaining an accurate result with gas chromatography.

AZ DUI Lawyers – DUI Blood Retest for AZ DUI Defense

Be sure to ask your AZ DUI defense attorney who will be responsible for the fee to retest the blood sample. Will you be required to pay for it? Or will your defense attorney absorb the fee on your behalf? Arizona blood retesting from an independent lab costs on average $250.00. Many AZ DUI lawyers will take care of that fee as a courtesy to the client. Many blood retests lead to dismiss. In any event, blood retest and examination is worth the cost. If the results are found to be flawed your AZ criminal attorney will challenge the blood evidence, present compelling arguments challenging their test results due to violations of protocol or other processing errors. If successful the blood evidence may be suppressed, and your AZ drunk driving charges dismissed.

If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information.

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within the Greater Phoenix,, Maricopa County cities including Chandler, Tempe , Phoenix, Chandler, Tempe, Gilbert, Mesa, Phoenix Metro, and central Phoenix and Phoenix East Valley Arizona.

Tempe DUI charges are serious crimes. Arizona State Laws are strict, harsh and constantly changing. Even a first time misdemeanor DUI conviction with no prior criminal record will cost you jail time along with other adverse penalties. You will need experienced Tempe criminal defense or DUI attorney to represent you through the Arizona Criminal Justices system. They will make sure your rights are protected and do everything possible to get the best outcome in your case. Tempe DUI and criminal charges are dismissed or reduced often do to the representation of a good Tempe DUI lawyer.

Below are some resources to start with and tips to help you find the best Tempe criminal defense or DUI Attorney to defend you in Tempe Court or other court in Maricopa County where you were charged with a DUI or other criminal offense.

1) The internet. You can find just about anything you need and easily from attorney websites, review sites, and other public resources on the web.

2) Referrals from family, friends or other trustworthy source.

3) The Maricopa County Bar Association

4) The Arizona State Bar to make sure they are licensed to practice criminal defense in Arizona. If you were charged in Arizona, you should hire an attorney who is licensed to practice in Arizona and does soon a daily basis. Some attorneys are licensed to practice in more than one state. But if they reside in Arizona they are more likely to be up to date on the constantly changing laws. Look for Attorneys who defend Tempe DUI or Tempe criminal charges often.

5) Narrow your search to a few attorneys you would like to speak with, then call them for a free consultation.

6) Explain your charges to the Attorney and ask about your defense options and their fees for retention. You will also want to discuss terms of payment. Many attorneys will provide flexibility in paying the fees as well as discounts. Just ask.

7) Ask the Attorney all the questions you can about training, education, experience, and qualifications, that you were unable to find out about them through your initial resources.

8) Affordability. Compare fees of the attorneys you speak with. Understand that the most expensive attorneys many not provide you with the best defense. And in contrast, the least expensive attorneys many be some of the best DUI and criminal defense attorneys in the state of Arizona.

9) Communication. You must feel comfortable in your communications with your attorney. When you hire an attorney, you are the employer. But the fact is you will be working together as a team to get the best possible outcome in your case.

10) Trust. You need to feel confident that your DUI attorney can do the job. If they give you advice, there is usually a good reason for it. If you don’t know what that is, ask. If they need documentation or anything along the way, obtain it. Again, they have their reasons. And the best Tempe criminal defense attorneys missions are to provide the best DUI defense possible that will lead to a dismissal of charges, reduction of charges and sentencing, or the otherwise best possible outcome in your case.

Selecting your Tempe DUI or Tempe criminal attorney to defend your is a big decision. An unwise decision can cost you your freedom. A wise well chosen attorney can lead to avoidance of a criminal conviction, and possible dismissal or reduction of charges.

If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). Also visit www.arizonacrimialdefenselawyer.com for helpful DUI and criminal defense information.

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within the Greater Phoenix, Maricopa County area including the cities of Chandler, Tempe , Phoenix, Mesa, Gilbert and Tempe Arizona, Phoenix Metro, and Phoenix East Valley Arizona.

Tempe DUI Defense Strategies

FAILURE TO KEEP MAINTENANCE RECORDS FOR THE INTOXILYZER 8000 BREATH MACHINE Do records exist to support maintenance of the machine? Records must be kept regarding maintenance, timing and history of routine maintenance, malfunction or defects. If these records were not updated, documented, and properly maintained, regardless of the whether or not the machine had no defects, the evidence can be suppressed. Without proper records to support its maintenance, or even support of lack of defects, there is no proof that the unit was working properly at the time of use.

BAC AT THE TIME OF THE DRIVING WAS BELOW .08. Was your DUI testing conducted within two hours of your driving, being in physical control, or potential to be in physical control of a vehicle? The blood alcohol content (BAC) level is not constant in the body. It rises as the alcohol it is absorbed by the body; and falls as it is processed by the body. The prosecution must establish that you BAC might have been .08 or better within two hours of driving the vehicle.

CHRONIC HEARTBURN OR OTHER MEDICAL CONDITIONS CAN SKEW THE BREATH MACHINE RESULTS Do you suffer from a medical condition like heartburn or gastric reflux? These conditions may skew the BAC reading from the breath machine to a number higher than the true BAC. Trial results have proven that if stomach fluid that contain alcohol due to such medical conditions find their way into the defendant’s breath, causing the BAC results to be proven inaccurate with reasonable doubt concerning results.

Tempe AZ DUI Defenses There are many DUI defenses that can be used to defend your Tempe DUI charges. Experienced Tempe DUI lawyers know what DUI defense strategies can be used in your case. The above defenses are just a few of many, surrounding breath testing results. Above was an excerpt from the book “101 DUI Defenses 101 DEFENSES TO BEAT YOUR ARIZONA DUI ©” written by James Novak, Arizona DUI and Criminal Defense Attorney. For more DUI defenses, the abridged version of this E-book can be downloaded free by visiting www.arizonacriminaldefenseattorney.com.

more If you have been arrested for DUI or criminal charges in Maricopa County contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Arizona, valley wide within Maricopa County including the cities of Tempe, Scottsdale, Phoenix, Chandler, Mesa, and Tempe Arizona. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.

If you were arrested in Tempe AZ or face criminal or DUI charges s in Tempe you need to retain a Tempe criminal defense attorney or Tempe DUI lawyer who has a vast amount of experience and knowledge of Arizona laws, your constitutional rights, Arizona criminal justice system, and protocol and defends cases frequently in Tempe AZ. Most importantly, your Tempe criminal attorney or Tempe DUI lawyer should be extremely familiar with the defenses that can be used to build you a solid and effective defense needed to challenge your Tempe criminal or Tempe DUI charges. An experienced Tempe Criminal Attorney or DUI Lawyer in Tempe will determine the best defense strategy to use, based on the circumstances of your criminal or DUI charges. Your Tempe criminal defense attorney or DUI lawyer in Tempe will use these defenses along with your protected constitutional rights in an attempt to get your criminal or DUI charges dismissed, reduced or an otherwise best possible outcome in your case.

WHAT TO EXPECT AFTER BEING ARRESTED IN TEMPE

• Arrest – In order for a Tempe, AZ arrest to be legal, the police must have “Probable Cause”. This means that the officer has reasonable belief that a crime was committed and you were the one who committed it. If the officer feels probable cause exists you will usually be placed in hand cuffs and taken into Tempe police custody.

• Booking – Your fingerprints taken, photograph or what some call “mug shot” will be taken; then they will confirm your identity with some routine questioning; they will then research your prior criminal convictions; then they will check to see if you were on probation or parole at the time of the current arrest.

• Arraignment – This is the initial Tempe Criminal Court appearance. At this stage you have formally been charged, but not convicted of the crime and the processing criminal justice system time-lines begin. This is where you may plead 1) guilty, 2) not guilty, or 3) no contest (no contest is when you do not admit guilt on the charges, but this lets the Court know that you do not dispute the criminal charges either).

• Resolution – 1) Charges dismissed 2) negotiated plea agreement for reduced charge or sentencing 3) Trial 4) jury decision of guilty or not guilty 5) judge sentencing if guilty.

• Sentencing – 1) If you are guilty or have agreed to a negotiated plea agreement you will receive your sentencing or penalties by the Tempe Court Judge. The judge has complete discretion to order any sentence that falls within the sentencing range of the crime for which you were found guilty.

Criminal Rights in Tempe You have protected rights both under Federal and Arizona State constitutions. It is very important that you do not “waive” any protected rights without the presence or advice of your criminal attorney. If you decide on your own without consulting a Tempe criminal attorney or Tempe DUI lawyer to waive any of your rights, you may take the chance of jeopardizing your case and any defenses that otherwise could have used in your defense. You are not required to assist the Tempe Police or Tempe Court Prosecutor in making its case stronger against you. Some of the common rights you have are listed below and not all inclusive:

1) The right to remain silent; 2) The right to defense by an attorney; 3) The right not to answer questions without your criminal defense attorney present; 4) Your Miranda Rights must be read to you if you are arrested; 5) The right to enter a “Not Guilty” Plea; 6) The right to obtain and produce exculpatory (evidence favorable to your defense) evidence before or at trial; 7) The right to trial by jury; 8) The right to defend your criminal or dui charges before trial; 9) The right to avoid self-incrimination; 10) In the event of trial, the right to cross-examine or confront a witness testifying against you. It is highly recommended that you leave this to your qualified Tempe criminal defense attorney or trial lawyer in Tempe who is experienced in criminal defense litigation.

Criminal Law Tempe Criminal Law in Arizona is strict, and comprehensive. Definitions, Classifications, Sentencing guidelines, and Penalties found in A.R.S. criminal code: Title 13 – Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes DUI laws and DUI penalties in Arizona are some of the toughest in the United States. They are found in A.R.S. criminal code: Title 28 – Criminal Law http://www.azleg.gov/ArizonaRevisedStatutes.

DUI or Criminal charges in Tempe AZ, are governed by the State of Arizona’s rules and criminal codes.

Criminal Attorney Tempe AZ Your future depends upon a strong defense by a criminal attorney who defends criminal or DUI charges frequently in Tempe Criminal Court. The choice is always yours to retain a criminal or DUI lawyer or not. However, given the harsh laws and punishments for Tempe criminal and Tempe DUI charges it is strongly recommended that you at least consult a criminal defense or DUI lawyer. The cold fact is that the Tempe prosecution is always relieved if the defendant chooses to go unrepresented because it makes their job easier to convict you. If fact, going to Tempe Criminal Court without qualified criminal attorney or DUI lawyer is certain to “fast track” a Tempe DUI or criminal conviction.

Some feel the Tempe criminal justice system is a vast maze of procedures, time-lines, and protocol, all set up to convict them. There is much truth to this. The process can be extremely exhausting, overwhelming and defeating for an unrepresented defendant. It is the job of the Prosecution to convict you. And they will work closely with police to get that conviction. Without good legal representation by a Tempe criminal attorney or DUI lawyer who defends cases frequently in Tempe, you may unintentionally say or do something that will unknowingly harm your defense, and strengthen the Prosecution’s case against you. You don’t want to unknowingly contribute to your conviction.

A good Tempe criminal defense or Tempe DUI Lawyer will be your voice in the criminal justice system. They will build a solid and effective defense on your behalf. Then they will press compelling arguments in your defense to the Tempe Criminal Court and prosecution. There is no substitute for an experienced Arizona criminal attorney who is a skilled litigator. They will know the most effective defenses to use, and building a foundation for your defense. Hiring a good criminal attorney who defends cases often in Tempe court will drastically increase your changes of getting your charges dismissed, reduced or the otherwise best possible outcome in your case.

more For more criminal defense or DUI defense tips, free videos, and free dui defense books, visit http://www.arizonacriminaldefenselawyer.com If you have been arrested for any Tempe, Arizona DUI other criminal charge contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to defending DUI, Drug & criminal charges in Tempe, AZ and throughout Maricopa County valley-wide.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstances.

If you face Tempe AZ drug DUI or medication DUI charges you should contact an experienced Tempe criminal defense attorney or DUI attorney who defends cases in Tempe AZ as soon as possible. Early retention of an experienced Tempe DUI attorney is an important factor in achieving a successful defense.

Medication DUI | Drug DUI If you test positive for drugs following Tempe DUI stop, you are subject to drug DUI charges under the Arizona State Laws. These laws are some of the toughest in the country. The presence of a drug in your system is enough for the Tempe police to charge you or any city in Arizona, if the police suspect that those drugs impaired your ability to drive even to the slightest degree. Medication DUI and Drug DUI charges are considered the same as an alcohol DUI according to Arizona State Law for purposes of conviction and sentencing. Circumstances may dictate otherwise, for example, if the drugs in your system were dangerous, or illegal, or obtained fraudulently. Such factors would bring cause for harsher sentencing if convicted as well as additional charges.

Tempe Drug DUI Laws, Tempe Medication DUI Laws Any Tempe AZ drug DUI or medication DUI is within the rule of Arizona State Law and Criminal Codes. Arizona Law prohibits use of driving a vehicle while “impaired to the slightest degree”, due to any drug, alcohol, vapor releasing, intoxicating, or toxic substance in the body. Arizona DUI laws are strict. It makes no difference if the drug is legally prescribed medication by a licensed physician (A.R.S. 28-1381 3.B.) or an illegal dangerous drug (A.R.S. 28-13813.B, A.R.S. 13-3401). Below are portions of the Arizona DUI drug laws:

Arizona Revised Statutes 28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:

1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree….

3. While there is any drug defined in section 13-3401 or its metabolite in the person’s body…

B. It is not a defense to a charge of a violation of subsection A, paragraph 1 of this section that the person is or has been entitled to use the drug under the laws of this state.

C. A person who is convicted of a violation of this section is guilty of a class 1 misdemeanor….” (Cited in Part: Arizona State Website azleg.state.az.us/ars/28/01381)

Tempe DUI with Medications, Drug DUI Defense If you have been charged with a Tempe drug DUI or DUI with medications, you will need to hire an experienced and qualified Arizona Criminal Defense, or DUI lawyer who defends DUI and drug DUI charges in Tempe Court frequently. It takes education, training, special skills related to toxicology, litigation and defense experience and forensic tools and resources to challenge evidence and charges for a Tempe Drug DUI. The best Tempe DUI or criminal defense attorneys will fight through the protocol of the Tempe Municipal Court system, examine and challenge toxicology evidence, mount an effective defense file motions, conduct hearings, and all the while provide you guidance and keep you informed, and be there for you. In addition, a good Tempe criminal defense or DUI attorney who defends cases in Tempe frequently will make sure you are treated fairly, your side of the story is presented, and that your Constitutional rights have not been violated. The ultimate goal of the best DUI lawyers who defend charges in Mesa frequently is to attempt to get the case dismissed, reduced charges and the best possible outcome in your case.

Many of the defenses that may be used can be found at http://www.arizonacriminaldefenselawyer.com/lawyer-attorney-1588988.html both at the website, in the free videos, and free books “101 DUI Defenses”© Book from the “Arizona Winning Defense Strategies” © Series -Author: James Novak, Arizona DUI & Criminal Defense Attorney.

With an experienced AZ DUI Drug Defense or DUI with Medication defense Attorney your chances of getting a good outcome such as evidence suppressed, charges reduced, milder sentencing, or the ultimate total dismissal of your charges increase substantially.

If you have been charged with any Tempe, Arizona DUI, Drug DUI, DUI with Medication, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI; any Drug Crimes, including drug sales, drug possession, drug manufacturing, drug paraphernalia, Drug forgery, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and Tempe DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak proudly defends cases in Tempe, Tempe, Phoenix, Tempe, Tempe, Tempe, and surrounding cities within Maricopa County.

Whether your charges were for Tempe DUI, Phoenix DUI, Gilbert DUI, Mesa DUI, Scottsdale DUI, Chandler DUI, or Maricopa County, or any city in Arizona makes no difference: the DUI laws, classifications, and penalties fall under the rule and jurisdiction of Arizona State Law, Criminal and DUI code Title 28 (A.R.S. §28-1381) A judge may have discretion of ordering increased penalties, but has little room to order less than the mandatory minimums.

Basically in Arizona it is unlawful operate a motor vehicle of any kind while driving under the influence of intoxicating or impairing drug, vapor releasing substances containing a toxic chemical or any combination of alcohol, drugs and or vapor releasing substances if the person is “impaired to the slightest degree” (A.R.S. §28-1381(A)(1). This includes driving a vehicle if the person has an alcohol concentration level 0.08 or greater, more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle. (A.R.S. §28-1381(A) (2))

It is illegal in Arizona for a anyone to drive or be in actual physical control of a motor vehicle if the that person alcohol concentration of the following: Within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle: 0.15 or more but less than 0.20. (A.R.S. §28-1382(A)(1) or “Extreme DUI” and within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle: 0.20 or more. (A.R.S. §28-1382(A) (2)) or “Super Extreme DUI”. The higher the Blood Alcohol Content (BAC), the harsher the sentencing and penalties.

The consequences are serious and penalties range from minimal of 30 days in jail to extended prison sentencing, along with other penalties, fines, and fees. It is dangerous to attempt to represent yourself for any kind of DUI. You should consult a Private Practice DUI Attorney or AZ criminal defense attorney defends Felony DUI charges in Arizona Courts on a regular basis do this on your behalf. They will act as a barrier between you and the prosecution, to make sure your rights are protected, that you do not further incriminate yourself, and utilize any defenses possible to get your case dismissed, charges reduced, evidence suppressed, or otherwise the best possible outcome in your case. Your chances drastically increase to accomplish these goals with the legal representation of a DUI or Criminal Defense Attorney in Arizona.

If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI wit child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor).

The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Gilbert, Arizona, Mesa, Gilbert, and surrounding areas valley-wide in Maricopa County Arizona.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

A Tempe “Felony DUI” is also known as “Aggravated DUI”. If you’ve been arrested or charged with a Felony DUI (Driving under the Influence) in Tempe, AZ the best thing you can do now is to consult a good Tempe, AZ, Criminal Defense Attorney or Felony DUI Defense Attorney who defends cases frequently in Tempe Court. Any Tempe DUI charge is serious. But Felony DUI convictions are even more serious, and can have long lasting adverse consequence on your future, freedom, job, finances, family, driving privileges, and more.

A Tempe Misdemeanor DUI is elevated to a “Felony DUI” when certain aggravated circumstances surround your DUI charges that include the following:

Paraphrased citations from A.R.S. 28-1383 • DUI with a motor vehicle accident that results in bodily injury or significant harm to another person or persons. • DUI manslaughter – When the DUI and Auto accident results in a fatality of another person or persons. • Your third DUI conviction within 7 years • DUI while driving with a suspended or revoked license • Drunk driving or driving impaired due to alcohol or drugs, with a minor, age 15 or under, in the vehicle.

Tempe Felony DUI Penalties | Arizona Laws – Arizona Revised Statutes Tempe AZ Felony DUI Penalties can include as cited under Aggravated DUI A.R.S. 28-1383 and A.R.S. § 28-1383, up to 10 years. A.R.S. §13-902(B) the following: • Extended Jail or Prison up to 4 months, if you have no prior criminal record or felony convictions. If serious injury or a fatality has occurred, this sentencing will be significantly more severe the felony DUI conviction. • Up to $150,000 plus 80% surcharge • $1500 prison assessment • Abatement fees • Evaluation Costs • Drug or Alcohol Treatment & Counseling Costs • Probation and associated fees • Driving Privileges may be revoked for up to 3 years • Mandatory Court ordered Ignition Interlock Device added to your vehicle at your expense. • Court ordered drug or alcohol rehab or counseling treatment, and their costs • Mandatory Community Service • Criminal Record to include a Felony • Any other penalties the Court deems necessary and appropriate DUI and Felony DUI laws are constantly changing in Arizona. Therefore, it is important to hire an experienced, highly qualified Tempe Criminal Attorney or Tempe AZ DUI defense Lawyer who defends DUI charges in Tempe Court frequently. Your criminal defense attorney must be well versed on the Arizona laws, Tempe Court, Protocol, and your constitutional rights. But most importantly, Felony DUI Attorneys must be extremely knowledgeable as to what defenses can be used to get the best possible outcome in your case for your Felony DUI charges in Tempe, AZ. You can find winning defense strategies referenced in Arizona DUI Winning Defense Strategies Book © and “101 Arizona DUI Winning Defenses” © written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak. Keep in mind, that knowing what they are, are quite different than actually carrying them out effectively through the proper legal and court channels, filing motions, and presenting them to the prosecution. An experienced DUI Attorney does this on a daily basis throughout many courts in Arizona or Maricopa country, AZ. Issues or details that may seem minor to you, may actually be material and crucial factor that could lead to a dismissal of charges. A good DUI lawyer will recognize these types of factors and use them effectively in your defense.

There should be no “secrets” as to what your DUI Attorney is going to do, and how he or she will defend your case. Make sure you are comfortable not only with your DUI Lawyer’s abilities to defend your case, but that the DUI Attorney is highly motivated, proactive, and able to make enough time to provide you with an effective defense. The Attorney you choose to defend your Felony DUI in Arizona may mean the difference between getting a conviction and getting your charges dismissed. It may be the one of the most important decisions you make in a lifetime.

If you have been charged with any Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Tempe, Chandler, Scottsdale, Mesa, Gilbert, Phoenix Arizona and surrounding areas in Maricopa County valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

If you have been arrested for a Tempe DUI, make sure you hire a Tempe DUI Lawyer who defends all kinds of DUI and Drug DUI charges on a regular basis in Tempe, Arizona. Make sure your Arizona DUI Lawyer is an experienced litigator; understands the laws, including all the newest and changing laws; breath and blood testing issues, and most importantly, is familiar with defense strategies and methods that can be used in your defense for Tempe DUI or Drug DUI Charges

Choosing a Tempe DUI Lawyer to defend your DUI charges may be one of the most important decisions you will ever make. There are many questions you should get answers to, before making a decision as to which Attorney you will hire to defend your case. These are cited in detail within the Winning Defense Strategies Book Series “#1 Arizona DUI Defense”, written by experienced DUI Defense Attorney and prolific Arizona DUI defenses Author, James Novak and can be downloaded for free at www.arizonacriminaldefenselawyer.com. Below are some additional excerpts from the book which explains in detail why you will need a good Tempe DUI Lawyer.

The impacts of a Tempe DUI conviction, are severe and negatively life altering. If you must ask whether you can afford an Arizona DUI defense lawyer, you should first ask yourself, if you can afford not to hire an Arizona DUI lawyer. Even for a first time Arizona DUI misdemeanor conviction, there is too much at stake including adverse effects to your job, driver’s license, family, finances, children, future and freedom.

Once you have been charged your file has been attached a court reference number. A mug shot and a case number are all you are in the eyes of the State of Arizona and the Prosecution. Sound cold? Yes, but true. The Prosecution does not care who you are, what you do, or how your family or job will be affected by any of it. All they want is a conviction. That’s what they get paid for. And they will work closely, with the police to get it. They will not look over every detail of your case to evaluate it to determine if the charges are justified, or to determine if any of your constitutional rights were violated. The prosecution’s job is not to protect you, provide a defense, or help to find a way to minimize the adverse impacts to you due to the charges. They prosecute and want convictions. A Judge does not, and can not intervene until a motion is filed or your sign a plea agreement or take the matter to trial. “Telling” your side of the story to the Judge will not have favorable effect on your situation. The Judge does not have authority to dismiss the case until a proper Legal defense challenge is made on your behalf by your Arizona Defense Attorney, or the jury returns a Not-Guilty Verdict on all charges.

The chances of getting an acquittal or not-guilty verdict without a good Arizona Criminal Defense or DUI Attorney are slim to none. The system is complicated. It is a maze of laws, protocol, people and odds against you. You need a strong ally. You need a Tempe Arizona Criminal Defense or Tempe DUI Attorney to build a strong defense for your case. You need someone you can call for answers to questions, to defend you, to protect your constitutional rights, to fight to get evidence suppressed, charges reduced or labor to get your case ultimately dismissed. The chances of any of these favorable outcomes are drastically reduced without the retention of a private Tempe Criminal or DUI defense Lawyer who does this day in and day out.

A Tempe DUI has many factors to evaluate. Including, a violation of your Constitutional Rights, the reason for the stop, the police officer’s handling of the case, proper crime lab testing methods, proper implementation of field sobriety tests, and more. There are many factors in a case that can be challenged to your favor. But you will not get that benefit without the right Tempe Criminal Defense Attorney. The judge and prosecution will look at your case through the mind of prosecution only, not in your defense. Hiring an experienced Arizona DUI Defense Attorney who defends DUI cases frequently in Tempe, AZ, can mean the difference between a conviction or total dismissal, or reduction of your criminal or DUI charges.

If you have been charged with any Tempe, Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Tempe Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor). more The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Scottsdale, Chandler, Mesa, Arizona and surrounding areas valley-wide. This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

FST performance results are judged by the Tempe police, and are the least reliable form of Tempe DUI evidence that can be used against you. Sadly, the Tempe Police sometimes make it sound like you did poorly on the tests, even if you did well. They want arrests and Tempe Court wants convictions. But the truth of the matter is that even persons unimpaired by drugs or alcohol may perform “poorly” depending on many factors including stress, intimidation, motor skill capability, fatigue from work, medical impairments and many other factors. This is another reason why they are often challenged by good Tempe DUI Layers. The intended purpose is for them to be used simply as a preliminary tool to determine if you show signs of impairment in order for the police decide if further breath, blood, or urine tests are needed. Below are a sample of arguments for Field Sobriety Tests to be challenged and used as defenses taken from “101 DUI Defense Strategies” © Winning Arizona DUI Defense Strategies © Book to give you an idea of a few defense strategies a good Arizona DUI defense Attorney may use to defend your case by active winning defense Attorney and author James Novak:

• YOU WERE AT A DISADVANTAGE DUE TO UNFAVORABLE CONDITIONS AT ROADSIDE SUCH AS CLIMATE, ENVIRONMENTAL OR LANDSCAPING.

• THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS NOT A SCIENTIFICALLY VALID TEST UNDER ROADSIDE CONDITIONS ACCORDING TO MEDICAL EXPERTS DUE TO THE LIGHTING AND OTHER NECESSARY FACTORS TO GET AN ACCURATE RESULT. • FAILURE TO DETERMINE IF YOU WERE A APPROPRIATE CANDIDATE FOR ROADSIDE TESTING DUE TO SUCH FACTORS RECOGNIZED BY NHTSA STANDARDS WHICH MAY INCLUDE AND ARE NOT LIMITED TO WEIGHT RESTRICTIONS, MEDICAL IMPAIRMENTS, AGE, OR OTHER FACTORS THAT WOULD ADVERSE CONTRIBUTE TO POOR RESULTS • NON-STANDARDIZED FIELD TESTS ARE NOT RECOGNIZED AS VALID BY NHTSA.

• THE POLICE OFFICER FAILED TO REPORT AND DOCUMENT TO POINT OUT THE LOCATION AND ROADSIDE CONDITIONS WHERE THE FST WAS ADMINISTERED.

• YOU REFUSED TO SUBMIT TO THE FIELD SOBRIETY TESTS SO THE POLICE REPORTED YOU REFUSED BECAUSE YOU FEARED YOU WOULD DO POORLY BECAUSE YOU WERE IMPAIRED BY DRUGS OR ALCOHOL. These are just a few arguments of a vast amount that your AZ DUI Attorney can be made to challenge Field Sobriety Test results if you have received Arizona DUI charges. It is important that you consult a good Tempe DUI attorney who defends DUI cases frequently. The proper training, education, litigation and defense experience, are needed to properly challenge these issues. FST is just one of many aspects of your DUI that can be challenged in an effort of your Tempe DUI Attorney to get your case dismissed, charges reduced, evidence suppressed or the otherwise best possible outcome in your case.

If you have been charged with any Tempe Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona Criminal Defense and Tempe DUI Defense Attorney and James Novak (Former Prosecutor).

more The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Phoenix, Tempe, Tempe, Scottsdale, Chandler, Gilbert, Mesa Arizona and surrounding areas valley-wide.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

If your face Tempe DUI charges, you should consult an Arizona DUI Lawyer who defends DUI charges in Tempe on a regular basis. Many Good DUI Attorneys will provide you with a free consultation. During your consultation Your Tempe DUI Attorney will some important questions. One of the first questions a good AZ DUI attorney will ask you is “What was the alleged reason for the Tempe DUI stop? Although they may sound like irrelevant questions to you, they will be imperative in your defense, which could lead to a possible dismissal of your charges.

The United States Supreme Court has held that an officer must have a “reasonable suspicion” that a criminal offense or traffic offense has been committed or is in progress in order to stop a vehicle. (This excludes DUI Checkpoint Task Force which requires the police to stop cars in an advanced mathematical formula decided by City or County Officials or the Police Department Management).

If the officer did not have a reasonable suspicion, then the remedy can call for a dismissal of the DUI charges. An officer cannot legally stop a driver unless they can substantiate a specific and just cause to believe there has been a traffic infraction or other violation of law. For example weaving within one’s own traffic lane for a short distance or making a wide turn, is not generally unlawful and should not justification for a Police Officer to Stop you for suspicion of Drunk Driving in or Drug DUI in Tempe. These types of driving actions are commonly seen in unimpaired drivers.

If the Tempe DUI stop by the police was illegal then your Tempe DUI Attorney will go through the proper channels, argue the defense, and file the appropriate motions to have your DUI charges dismissed. Then it will be up to the judge or jury to decide if the stop was truly meritless. If the Tempe DUI stop was found to be illegal, there is strong potential that your DUI charges can be dismissed or any evidence after the stopped suppressed. In any event, it puts a wrench in the prosecution’s case against you.

To learn more about the many DUI Defenses that can be used to get your case dismissed, charges reduced, or evidence suppressed visit WWW.arizonacriminaldefenselawyer.com. There you can download free “Arizona Winning DUI Defense Strategies” © books written by winning defense Attorney James Novak, which includes “101 AZ DUI Defenses” ©.

If you have been charged with any Tempe AZ DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI wit child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Drug DUI, or any other criminal charge including theft, assaults, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Arizona criminal Defense and DUI Defense Attorney James Novak (Former Prosecutor). The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Tempe, Phoenix, Chandler, Scottsdale, Gilbert, Mesa, Gilbert, and surrounding areas valley-wide within Maricopa County Arizona.

more This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.

“How an Extreme DUI charge may be reduced or completely dismissed with a good AZ DUI Attorney” Any Tempe DUI lawyer you consult will tell you how serious a Tempe DUI can be and how it can have devastating effects on your life, future and freedom. But it is even more serious when the Tempe DUI is upgraded to an “Extreme DUI. A Tempe DUI charge escalates to “Extreme DUI” if your Blood Alcohol Content (BAC) exceeds 0.15%. The BAC level is usually determined by a breath or blood test administered by the Tempe Police or their Crime Lab personnel. If the BAC level exceeds 0.20 it is then designated as a “Super Extreme” which carries even more severe penalties and incarceration time if convicted. If you face any Tempe DUI it is important that you consult a good Tempe, AZ DUI lawyer who regularly defends extreme DUI charges in the Tempe Court.

There is hope. First understand that simply because you were charged and arrested in Tempe for an extreme DUI does not mean you are guilty, or that you will be convicted of that crime. It only means that at the time of the arrest, the police felt they had “probable cause” for arrest. An experienced Tempe DUI Attorney may be able to challenge that evidence and disprove that cause. If you have received a Tempe AZ extreme DUI you must understand your options so you can make a well thought out decision on how to proceed and understand there are consequences that you must live with related to that decision. Here are your options for a first offense extreme DUI: A. Plead guilty and do not defend your Tempe Extreme DUI Charges. You could find yourself facing the max for first offense which includes minimum 30 days jail and up to 6 months; impound of the vehicle you were driving when arrested; use of Ignition interlock device on your automobile, suspension of driver’s license up to 90 days, court ordered alcohol or drug treatment program, probation, fines, fees, and or restitution if applicable.

B. Ignore the complaint and fail to appear for your court date on the required time and day scheduled. In that case a warrant for your arrest will be issued by the court. The police may go to the place you work, school, home, or wherever they think they can find you to arrest you.

C. If you meet financial qualifications and other requirements, you may have the option of using a “public defender.” Although their job is to defend you, they are often challenged by time and resources due to the very large caseloads they must carry, and face reduced staffing due to budget restraints. You need to know your attorney is fighting for you, is accessible, and is examining every aspect of your case and evidence and is in a position to do what it takes to do everything possible to try and get your case dismissed, charges reduced or other outcome. Before you go that route, it is strongly suggested that you talk to someone you know who has used a public defender. Ask them about what type of defense they were able to provide, their experience with the public defender, and the outcome of their case.

D. Show up to court unrepresented by a good private practice AZ criminal defense or AZ DUI Attorney. This is extremely dangerous. The results can land you with the maximum penalties. The prosecutors know the protocol, the evidence, how to argue your case, how to get you to incriminate you, and allow you to incriminate yourself, how to make their case against you stronger, and will ignore any weaknesses, flaws, or any violations of your rights. You will most likely end up with the results in option A. above. E. Hire a reputable experienced Tempe criminal defense or Tempe DUI Attorney, the best you can find to defend your case. You will be surprised to learn that some of the best Tempe Attorneys provide free consultations, and if hired, are even more affordable than other attorneys not as skilled or experienced. A good Tempe criminal defense or Tempe DUI lawyer, will fight to get your charges completely dismissed, reduced, or in the least a much better outcome in your case. There are many defenses that can be used, and evidentiary issues that can be challenged to accomplish this.

A good Tempe DUI Attorney will examine evidence, overturn every stone, determine if there were any violations of your constitutional rights, verify the reason for the DUI stop, “probable cause” police used to justify your arrest, and many more factors. There are factors that may seem irrelevant to you, but a good DUI Attorney may see it as a passage way to a dismissal or other favorable outcome for you, which has a great amount of weight on your case. You will not get such benefits or evidence challenged without a good private practice Tempe, AZ Criminal or DUI attorney. A good private practice DUI Attorney in Tempe may be able to suppress evidence, get your case dismissed, a “not guilty”, or a reduction of your AZ DUI charges. Option E. gives you piece of mind, and the greatest chance at freedom and a new start on life without devastation of a Tempe AZ DUI conviction.

If you have been charged with any Tempe Arizona DUI, Extreme DUI, Repeat Offense DUI, Under age 21 DUI, DUI with child under 15 in vehicle, Aggravated Felony DUI, Drug, Felony Drug, Dangerous Drug, Narcotics, Marijuana, any Arizona DUI, Arizona Drug DUI, or any other criminal charge including theft, assault, aggravated assault, domestic violence, drugs crimes, probation violations, robbery, computer crimes, ID theft crimes, or any other criminal charges contact the Law Office of James Novak, for your Free Consultation at (480) 413-1499. Speak directly with experienced Scottsdale, Arizona criminal Defense and DUI Defense Attorney and James Novak (Former Prosecutor).

more The Law Office of James Novak is devoted to handling 100% DUI, Drug & criminal cases in Tempe, Scottsdale, Mesa, Chandler, Gilbert, Phoenix, Arizona , and surrounding areas valley-wide.

This post was intended to provide general information only and is not intended as specific legal advice. You should not rely upon this information alone, but should consult legal counsel regarding the application of the laws and regulations discussed and as applied to your specific case or circumstance.